11/22/04 Commissioners Special Meeting Minutes:

The Board of Bear Lake County Commissioners met on Monday, November 22, 2004 at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho, as previously advertised and pursuant to Idaho Code 63-501, as a Board of Equalization, to equalize the value of the subsequent property rolls, and to make a decision on hiring a Verteran's Service Office, and a Building Administrator and replacing windows at the Courthouse. Mitch Poulsen, Planning and Zoning Administrator presented recommendation from Planning and Zoning in regards to a special use permit application for the David Lui Campground, for the Commissioners consideration and decision. Mitch Poulsen, Planning and Zoning Administrator will also be addressing an appeal for the David Lui Campground Special Use Permit. Alex Hudson, Surveyor representing Doug Johnson will discuss roads in the Canyon Estates Subdivision. Board Members present: Dwight L. Cochran, Conrad Michaelson and Joan P. Eborn, Clerk of the Board. Chairman Don C. Clark was excused due to recent hip surgery.

Lynn Lewis, Assessor presented the occupancy roll figures of $4,317,882, which $9,000,000 will be added to the roll next year, consisting mostly of new residences and some businesses that are being built. He said $925,255 is the total of the home exemptions of people and their primary residence in the county.

Lynn also discussed with the Commissioners the values by each taxing district within the county. Most of the new construction is within the Fish Haven Sewer District - $5,000,000 worth. Sub-mobile, which is unlicensed trailers and manufactured homes have been picked up and put on the roll this year. He noted that most of the unlicensed trailers have been licensed when they find out that they will be charged a garbage fee.

At 9:30 A.M., the Commissioners reviewed estimates for replacing windows at the Courthouse from John's Paint & Glass - for 43 windows at $12,696.64; Lamont Price Construction - for 38 windows at $14,484.62; Eastside Construction Estimate - for 38 windows at $12,875.00. The Commissioners unanimously agreed to accept the estimate from John's Paint & Glass for 43 windows at $12,696.64.

Veteran's Service Officer

After reviewing the applications submitted for a Building Administrator, Commissioner Michaelson made a motion, seconded by Commissioner Cochran to hire Randy Erickson as the Building Administrator. His pay will be by the visit at $40 per visit. He will be making 2 visits, 1 at the time to check the lot boundaries and then 2nd just before they pour the foundation to make sure the setbacks are sufficient. His job will be part-time with no benefits.

Mitch Poulsen, Planning and Zoning Administrator presented recommendation from Planning and Zoning in regards to a special use permit application for the David Lui Campground. He said that the Planning and Zoning Board denied the David Lui Campground on the basis of lack of water and significant public opposition. Commissioner Michaelson discussed the site after he had visited it on Friday, November 17, 2004 and gave his opinion of what he thought the potential problem areas could be and that it didn't seem to him the surrounding neighbors would be impacted by this project. He said he didn't think there would not be any negative effects on the environment and so forth as long as there was sufficient water and a drainfield, which should be determined by the District Health Department.

Commissioner Michaelson noted that there has been 1,500 evergreens and 500 bitterbrush planted, which would provide better habitat for the native species. He feels the impact of this project is as much positive as it is negative. He also felt that if the application with the Idaho Water Resource Board was approved, then the Commission should approve it as well.

Commissioner Michaelson made comment that Planning and Zoning should go back through their Land Use Ordinances and incorporate a section that outlines a process of denial for applications, based upon certain negative impact.

Commissioner Cochran felt that the recommendation from Planning and Zoning should be upheld and not to be undermined as there would be no need for them to make recommendations to the County Commissioners in the future.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to accept the recommendation from Planning and Zoning to deny the David Lui Campground special use permit.

Mitch Poulsen clarified with Commissioner Michaelson that the following recommendations be asked of Planning and Zoning: 1. To develop an ordinance or incorporate into the present Land Use Ordinance that denials and approvals have to be based upon reasonings of certain negative impact. 2. Planning and Zoning go out prior to the public hearing and visually inspect the location of the application.

At 10:15 A.M., Mitch addressed an appeal for the David Lui Campground. He discussed the public hearings and deliberations that were held regarding the Campground, after which it was found that the application was denied on the basis of sufficient water and significant public opposition.

The Campground would be constructed with 10 cabins initially and expand to a larger number later. They want to start with 50 primitive campsites, which incorporate the use of a tent and a day use area for picnics off of the side of the road. The access would be through their own private property.

Mitch said that the appeal was made soon after the denial at Planning and Zoning, which is consistent with the requirements of the Land Use Ordinance and has brought the appeal to the Commissioners on behalf of the applicant.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran that the Commission recognize Mr. Lui's appeal and overturn the recommendation of Planning and Zoning to deny Mr. Lui's application and that the Commission further states that this application is approved only if: 1. They are able to get permission to drill a well for the amount in their application from the Idaho Water Resources Board. 2. That they have sufficient means of taking care of their sewage, which meets the District Health Department's requirements. 3. That before construction begins, the new road will be completed and ready to use by county standards and they have a right-of-way through the corner of their neighbors property so they can get the road through there. 4. They must contact the Idaho Transportation Department and do a traffic impact study, which will be acceptable for the approach way and get their approval. 5. Mr. Lui and his associates take steps to confine the people who are using the campground to the property that he owns and prevent any trespass on adjacent properties, including the BLM property, such as trails made.

Commissioner Michaelson asked for a roll call vote: Commissioner Cochran voted yes and Commissioner Michaelson voted yes. Roll call vote was unanimous.

Mitch Poulsen asked for clarification regarding letters from the following sources: Idaho Department of Water Resources, the Department of Transportation and Southeastern District Health. Commissioner Michaelson noted the letter would need to be in the file before any procedures were to take place.

Attorney Pat George made a procedural objection based upon the fact that his office received a notice approximately 18 hours before, of the site review that the County Commission was taking. He felt that this would meet the criteria of a public meeting and should have met all of the requirements thereof including minutes, a quorum, etc. He also noted that the 2nd part of his objection is noted in his brief with regards to the new evidence outside of the public hearing that was presented at the Planning and Zoning Commission Meeting.

Evidence was brought before the Board that was considered on the appeal that was not considered below and therefore violates the County Ordinances and Idaho Code.

Commissioner Michaelson noted that he was expressing his own personal opinions and observations.

Carson Price, Geneva landowner gave his opinion that the Commission made a grievous error in the fact that the Planning and Zoning Board has studied this proposed project out very well and that the Board of Commissioners have supersceded any entity that is to bring a recommendation to them. He felt their decision was very wrong.

At 10:30 A.M., Alex Hudson, Surveyor and his Attorney Randy Budge representing Doug Johnson, Canyon Estates Subdivision, and Mitch Poulsen, Planning and Zoning Administrator met to clarify issues regarding the roads in the Canyon Estates Subdivision.

Mitch noted that Alex Hudson, surveyor has come to the Planning and Zoning Commission asking for approval of the 1st phase of "The Point at Canyon Estates", which is part of the Howard Johnson project that they have been working on for the last 3 years.

He said Canyon Estates was approved a number of years ago and it was stated on the deeds that the roads through Canyon Estates would always be private. About 1 year ago this was contested by people in the subdivision as there was a gate at the RV Park that restricted access to Canyon Estates. At that time, it was decided that the gate would be removed and that the county would take over the road and it would be a through road. Canyon Estates said that the county never took over the roads or fixed them, so they decided in a homeowners meeting they would put up gates and make the road private and take over the maintenance because of a four-wheeler problem and the county's lack of maintenance.

Canyon Estates road, which is gated, is the only access to the new phase of the subdivision and they will be willing to put a road through the new subdivision to access Fish Haven Canyon Road, which was the original intent of putting a road through Canyon Estates, to take travel pressure off of Fish Haven Canyon Road.

Alex Hudson presented a map of the entire Subdivision and the new phase "The Point at Canyon Estates". He asked the Commissioners if the County still wants a county road connecting the Cemetery Road to the Upper Section of the Canyon Road? If the County does, where do they want that road to be?

Tom Winegar, President of Canyon Estates since 2003, addressed the present position of the subdivision and the masterplan of the subdivision that he has never received and just found out about 2 months ago on July 24, 2004. He told the Commissioners the present layout of the subdivision and described it for them. He found out after he had bought the property that the subdivision is in between two developments that he had no idea were even in the plans of development. He said BLM property borders on the north and the west of the subdivision and now there is a piece of private property that was nestled in there, which had right-of-ways through it, which impacts us greatly. All landowners signed a deed stating that the road would be a private road and was not a public road through the subdivision. The Warranty Deed was recorded on July 25, 2000. Another copy of the Corporation Warranty Deed was also recorded with all of the amenities of the property.

He noted that the CC& R's are being rewritten to comply with regulations for the Water hookups and would like a copy of the masterplan to know what is going on. He also said he knew nothing of the Sam's Hollow Water System.

Alex Hudson noted that the masterplan was approved in 1999 by Planning and Zoning before Canyon Estates was recorded and at that time they traded easements between Doug Johnson and Canyon Estates and Howard Johnson across each others roads. Howard Johnson paid for ½ of the road through Eldon Kearl's property and paid for all of the Canyon Estates road through his own property and in exchange received an easement to use the Canyon Estates Road.

He noted that the Sam's Hollow Water System was developed initially to include Doug Johnson, but since Doug Johnson already had his water right, then he proceeded with the project, which at the time did not include Canyon Estates and therefore they were not informed about it as they were not a part of it.

Randy Budge, Attorney noted that his involvement in the matter has been as a team that developed Bear Lake Haven, on behalf of Howard Johnson in 1999. He noted that the current owner of the project was The Bear Lake Group LLC, as it has been sold a couple of months ago. The new name of the project is "The Point At Canyon Estates". He said that when these developments were put together, they formed a separate nonprofit organization. Sam's Hollow Water Company was to acquire the water rights and to come up with the water and sewer delivery system and initially it was contemplated that the company would provide water and sewer to the entire development. The Howard Johnson Development, known as Bear Lake Haven, the Natural Properties Development known as Canyon Estates and the Eldon Kearl Properties were a part of it. Natural Properties figured they were on a faster tract than the others and decided to go ahead and develop and sell the lots. Both developments are separate and distinct and have nothing to do with each other, with the exception of an easement agreement.

Alex Hudson asked the question of, if the county wants them to have access to Fish Haven Canyon Road as a public road? They already have access as a private road. If the county wants, they are more than willing to dedicate their roads in the Subdivision as public roads.

Commissioner Michaelson discussed the roads and their access in the subdivisions and gave his opinion. He felt the county would like a public road from Fish Haven Cemetery road up through Canyon Estates and through Fish Haven Canyon Road.

Tom Winegar requested a copy from Planning and Zoning of the Bear Lake Haven Master Plan. He said his biggest concern with the roads is the 4-wheeler access and the impact that they have on the properties as they tear the land up and cause problems.

Commissioner Michaelson recommended that in return for approval of The Point at Canyon Estates, the County requests that the main road through subdivision be made a public right-of-way, which meets the County Road Standards and that the county is allowed access down to Fish Haven Canyon a public right-of-way. The County needs to get approval from the Canyon Estates Homeowners Association for the right-of-way down to Fish Haven Canyon Road.

Alex said he doesn't feel there should be restrictions on accesses in and out of a project. One access is an all weather access and the other one is not, thus not good planning. Both need to be all weather accesses.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran recommending to Planning and Zoning that they approve "The Point At Canyon Estates Development" with the following conditions: 1. The County obtain the right-of-way through the Eldon Kearl Property from Fish Haven Cemetery Road. 2. That the road through the point at Canyon Estates be a county road and that the Doug Johnson Development gives up their rights from the Point to Fish Haven Canyon Road allowing the county to make it a public road and the rest of the negotiation will have to be done with Canyon Estates. Motion was unanimous.

Meeting adjourned.

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11/8/04 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met on Monday, November 8, 2004, at 9:00 A.M., in the Commissioners Room of the Courthouse Annex in Paris, Idaho. Members of the Board present: Dwight L. Cochran, Conrad Michaelson and Joan P. Eborn, Clerk of the Board. Chairman Don C. Clark was not able to attend the meeting due to recent hip surgery.

Greg Skinner, Road Supervisor and Todd Boehme, Road & Bridge employee, Vaughn Rasmussen, Commissioner Elect, Lynn Lewis, Assessor, Rodney Wallentine, Treasurer, Brent Bunn, Sheriff, Olean Parker, Bill Stock, Paul Underwood, Roy Bunderson and Rosa Moosman, Editor of the News-Examiner also attended the meeting.

Commissioner Michaelson offered the opening prayer.

Commissioner Cochran acting Chairman called the meeting to order to consider the following items of business:

SNOWMOBILE/ROAD REQUEST
Brad Wilks, Snowmobile committee and Kirk Rich, Parks and Recreation Department asked the Commissioners to direct the Road Department to remove some of the large rocks off of the side of the road in the lower end of the St. Charles Green Canyon area, below the gravel pit, as they are interfering with the pathway of the snow groomer.

The Commissioners unanimously agreed to their request recognizing that road is the most heavily traveled snowmobile trail in the county.

Brad Wilks also requested that brush be cleaned out of the Home Canyon Parking Lot, which is on Forest Service Property. He has contacted Dennis Duehren and got approval for the county to proceed.

Kirk Rich also discussed other road and parking lot improvements needed throughout the county and noted they have received money in the amount of $8,000 to upgrade the Paris Canyon Parking Lot as well as the Eight-Mile Parking Lot. Clear title to property up Paris Canyon for a Parking Lot is expected in the near future.

ELECTED OFFICIALS MEETING
Rodney Wallentine, Treasurer presented information about a tax refund in the amount of $20,350.27 for Qwest. The value applied to Quest, a utility company, by the State Tax Commission was ordered reduced by the Courts resulting in a refund from the taxing districts in Bear Lake County.

Brent Bunn, Sheriff presented his department's report of activity for the month of October 2004. He said the drug dog has healed up well after his surgery and is back in service. They are still looking for another dog to replace him due to his age. Brent suggested that since the County is purchasing a new police car the 1999 Dodge that will be taken out of service could be used by other elected officials and courthouse personnel.

Lynn Lewis, Assessor discussed his departments needs and said he would like to do some remodeling in his office and relocate some of his equipment to the unused furnace room. The Commissioners agreed to stop by after the meeting and look at the proposed space and repairs needed.

UTAH POWER AGREEMENT
The Commissioners took under advisement the signing of a Power Agreement from Utah Power to supply power at the airport to the hangars until a decision was made regarding the building of new hangars.

CERTIFICATES OF RESIDENCY
The Commissioners acted unanimously to approve and sign certificates of residency for for Erin Prusse and Shanna Nielson for College of Southern Idaho in Twin Falls.

PREVIOUS MINUTES APPROVED
Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve previous minutes for meetings held on October 12, 2004 and October 25, 2004 as presented by Clerk Eborn. Motion was unanimous.

BOARD OF EQUALIZATION MEETING SET
The Commissioners acted to set a Board of Equalization Meeting as required by Idaho Code 63-501 on Monday, November 22, 2004 beginning at 9:00 A.M. in the Commissioners Room of the Courthouse Annex in Paris, Idaho.

PROSECUTING ATTORNEY
A copy of the Order to Appoint a Special Prosecutor (Robert Eldredge) while Ardee Helm, County Prosecutor is having hip surgery and recovering signed by District Judge Don L. Harding was acknowledged and reviewed.

PUBLIC DEFENDER
The Commissioners discussed briefly the rising costs to the county for prosecution and the request by the Public Defender to increase his contractual amount from $22,000 to $27,000 plus some other additional expenses. Public Defender and Substitute Council amounted to over $57,000 in FY 2004. Clerk Eborn said the District Judge would be willing to discuss the increase with Commissioners if they wanted him to as it impacts the District Court Budget. Clerk Eborn reminded them they had previously agreed to his request based upon the availability of funding.

FAIR BOARD APPOINTMENTS
Commissioner Michaelson made a motion, seconded by Commissioner Cochran to appoint Darla Lloyd, Jessica Lloyd and Larry Eborn to the Fair Board for a term of three years and to release Bruce Bingham and Mark Ipsen from the Fair Board with a vote of thanks. Motion was unanimous.

FAIR GROUND LIGHT BILLS
Clerk Eborn informed the Commissioners the Fair Board is requesting reimbursement for expenses they have usually paid out of the Fair Board Funds and suggested a meeting with the Fair Board to discuss their finances and bookkeeping procedures. Later during the meeting the Commissioners agreed to meet with Fair Board Members on November 17, 2004. Notice of the meeting will be posted.

SOUTHEASTERN DISTRICT HEALTH ANNUAL REPORT
Steve Pew, Supervisor for Southeastern District Health Department presented and reviewed the Health Department's Fiscal Year 2004 Annual Report. He informed the Commissioners they have an office in each of the 8 counties and have a total staff of 153, with 119 full-time employees. Mr. Pew stated the District Health Department had agreed to purchase a new building in Oneida County. Some of the services they provide include diagnosing and investigating health problems, informing and educating the people, developing policies and plans that support individual and community health efforts, enforcing laws and regulations that protect health and ensure safety as well as giving immunizations for various communicable diseases. In May 2004, Keith Martindale, Bear Lake County resident was re-appointed to serve another 5-year term on the Health Department Board of Directors and he expressed appreciation for Martindale's efforts on behalf of the Health Department.

Mr. Pew reported the services they provide are increasing on a daily basis. Funding for the Health Department is derived from Contracts, Home Health and Public Health Fees, the Counties and the State Of Idaho. Bear Lake County contributed $41,658 for FY 2004. The total expenses state wide for FY 2004 amounted to $7,667,986.

He also told the Commissioners about new program called the Health Alert Network (HAN System), which is capable of sending out updates by e-mail or fax to Physicians, Hospitals, Nursing Homes, etc. concerning outbreaks or questions about symptoms of diseases being seen in a community.

SPEED LIMIT REDUCTION REQUEST IN SCHOOL ZONES
The Commissioners reviewed a letter from the School Superintendent asking them to consider "establishing a 20 MPH school zone at each school site in Bear Lake County. The letter indicated how important it is to place flashing amber lights at each end of the school zones. That may be costly but preventing the loss of life or serious injury to a child cannot be weighted against any cost".

Commissioner Michaelson made a motion to establish a 20 mile per hour speed limit at each school site, to also acquire the appropriate signs and to also look into the costs of flashing lights as requested. Commissioner Cochran seconded the motion. Motion unanimously carried.

CHAMBER OF COMMERCE
Judy Brown, Teri Eynon and Steve Allred representing the Bear Lake Chamber of Commerce made a formal request for funding in the amount of $10,000 to help construct an Information Center Downtown in the City of Montpelier on the Kings Parking Lot adjacent to Bear Lake Interiors. They informed the Commissioners their funding goal from other sources had been met and the labor costs will be donated from various contractors. They would be able to start the project the next week if the Commissioners release the $10,000 to them immediately. Had they been successful in acquiring the grant they applied for the cost of the project would have doubled in order to comply with federal and state requirements. They offered to keep the Commissioners updated concerning the progress of the project.

Commissioner Michaelson made a motion seconded by Commissioner Cochran to release the $10,000 immediately as requested. Motion was unanimous.

BID OPENING FOR CHUTES
Bids were opened for properties from the Fair Board no longer needed as follows:

Laurie and Tim Stone for the Roping Chute - $425, for the 2 Bucking Chutes - $300, and for the Stripping Chute - $50.00 totaling $775.

Shane T. Passey total bid for all chutes $350.

Commissioner Michaelson made a motion seconded by Commissioner Cochran to accept the highest bid from Laurie and Tim Stone in the amount of $775. Motion unanimously carried.

RANGE IMPROVEMENT FUNDING
Clerk Eborn informed the Commissioners there are not sufficient monies in the Range Improvement Fund to pay for both Cloud Seeding expenses of $3,400 and a Predator Control bill of $3,000. Commissioner Michaelson made a motion, seconded by Commissioner Cochran to use the funds available for cloud seeding and eliminate the predator control. Motion unanimously carried.

CATASTROPHIC HEALTH AND ICRMP BOARD MEMBERS
Commissioner Michaelson made a motion for Bear Lake County to support and vote for Bruce Dredge, Caribou County Commissioner as a representative on the Catastrophic Health Care Board of Directors and as a member on ICRMP Board of Trustees and to also support and vote for Lee Staker, Commissioner in Bonneville County for Member at Large on the ICRMP Board of Directors. Commissioner Cochran seconded the motion. Motion unanimously carried.

RESOLUTION #2005-01 - SALE OF BEER, WINE AND LIQUOR
Commissioner Cochran made a motion seconded by Commissioner Michaelson to adopt Resolution #2005-01, as follows for the sale of beer, wine and liquor in Bear Lake County during 2005 and to approve the following licenses when applications, proof of state license and payment is made to the County Clerk:

(See Attached)

CARPET AND WINDOW ESTIMATES
The Commissioners reviewed estimates for new windows at the Courthouse and carpet at the District Health Offices. The estimates were taken under advisement and decisions will be made at a later meeting.

PUBLIC ROAD ACCESS
Commissioner Michaelson gave a brief report concerning various meetings in the county in regards to establishing public right-of-ways in 5 geographical areas. He reported they are making progress and hopes to hold another public meeting soon. Discussions included what constitutes an acceptable access, what is the legal criteria needed for establishing a public right-of-way and what proof is needed. Meetings will continue and based upon feed back from those meetings a list of roads will be developed and proposed and published prior to a general public meeting sometime in the near future. New legislation may have to be adopted to protect public right-of-ways.

BID OPENING FOR SHERIFF'S VEHICLE
Bids were opened as advertised for one new Sheriff's vehicle as follows:

Jensen-Wood Motor Company for one new 2005 Dodge Durango - $26,981.00
Bear Lake Motor Company, Inc. for one new 2005 Ford Explorer - $27,174.25

It was determined both vehicles meet the bid specifications and bid bonds were in order as such, Commissioner Michaelson made a motion seconded by Commissioner Cochran to award the bid to the lowest bidder, Jensen-Wood Motor Company. Motion unanimously carried.

IDAHO DEPARTMENT OF TRANSPORTATION
Commissioner Michaelson reported he had attended a meeting with IDT in Pocatello to assist Counties and Cities to apply for State Hwy funds. There are various kinds of road and bridge projects to apply for such as the Bear Lake Canal Bridge going to the Airport, the first three miles of the St. Charles Canyon Road and the Nounan Road, north from Nounan to Bailey Creek. The County can apply for more than one project in any given year. The County had previously applied for funding to pave the road from the Bear Lake Hot Springs to Dingle funding, it was not approved as there is not sufficient traffic on that road to justify the expenditure.

BID OPENING FOR PORTABLE SCREEN PLANT
John Littleton representing Modern Machinery joined the meeting as the one bid from Modern Machinery was opened for a 2001 Used Portable Screen Plant in the amount of $65,000. Littleton informed the Commissioners he had applied the 6 months rent the county has already paid to the original price of the product.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to accept the bid from Modern Machinery in the amount of $65,000. Motion was unanimous.

SPECIAL USE PERMIT RECOMMENDATION
Mitch Poulsen, Planning and Zoning Administrator presented recommendations from Planning and Zoning in regards to Special Use Permit Applications as follows: David Lui Campground and Mark Johnson for Bear Hollow and Mark Patterson Hog Farm.

Mr. Poulsen first addressed the special use permit for the Mark Johnson's Bear Hollow project southeast of Montpelier, consisting of 1,300 acres with an anticipated 200 homes in the 1st phase of the project. The lots as proposed would consist of 2.5 to 5 acres each.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to approve the special use permit for Mark Johnson as recommended by the Planning and Zoning Board based upon the following conditions: 1. 1st phase be of 200 acres with no more than 50 homes. 2. Transportation impact study is required per Idaho Department of Transportation requirements. 3. No lot is to be sold on the premises until a well is developed with sufficient water for a household (applies to each lot). 4. Roads are to be built to county standards. 5. A nutrient pathogen study is to be conducted per the Department of Health. 6. Storm water management plan is completed. 7. A fire protection plan is completed and approved by a State Fire Marshall. 8. This approval is for phase 1 only and has to return for further approvals for further phases. 9. He is to work with the Cattleman's Association that would allow them to bring the cattle down through the property as it is the only existing access to the forest in that area. 10. No recreational vehicles are to be on the premises other than for during construction housing. 11. Not to exceed 1 year without written consent of the Planning and Zoning staff. 12. Seepage tests are to be completed and a sewer permit issued for each of the lots.

Mitch noted that there is a master plan available, outlining where all lots would be and the 1st phase is located on the northern boundary of the property. There will be a 1st phase plat developed in the near future for review.

Roy Bunderson interjected a comment stating, the special use permit recommendations from Planning & Zoning for Mark Johnson (Bear Hollow) and the Mark Patterson (Hog Farm) were not listed individually on the Commissioners agenda, therefore he thought the Commissioners shouldn't make a decision as someone in the general public may want to comment on them.

The Attorney was not in attendance at the meeting to provide legal council and so after a brief discussion, the Commissioners unanimously agreed to table the motion, until both special use permits, the one from Mark Johnson for (Bear Hollow) and the one for Mark Patterson for (Hog Farm) are listed individually on the Commissioners agenda.

Mr. Poulsen did however present information regarding an appeal for the David Lui Campground Special Use Permit which was on the agenda. He noted that David Lui, represented by Dee Jay Reed had written a letter of appeal to the Planning and Zoning Administrator, which he will present to the Commissioners.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to hold a public hearing on Thursday, December 2, 2004 at 1:00 P.M. in the Auditorium of the City Hall in Montpelier, to hear the appeal from David Lui regarding his special use permit for a campground in the Geneva area. Motion was unanimous.

The Commissioners agreed to solicit comments from those in attendance today regarding the David Lui Campground, and those comments will be acknowledged at the public hearing meeting set for December 2, 2004.

Pat George, Attorney and Carson Price, landowner in the Geneva area noted that they would reserve their comments for the December 2, 2004 meeting.

John Carricaburru, landowner in Geneva voiced his concern and opposition of the project stating the County does not have the health and safety infrastructure in Geneva area to support such a project. He stated the infrastructure to mitigate the types of impact a campground of the size being proposed should be sometime in the future.

Bryan Brown, resident of Salt Lake City, and landowner of 240 acres in Bischoff Canyon adjacent to the Bischoff Ranch, which directly borders the proposed campground project, noted he wanted to build a small cabin in the area and eventually retire here. He commented that he is adamantly opposed to the campground being adjacent to his property and strongly encourages the County Commissioners to reject this appeal. The infrastructure is simply not in place to provide the water, the sewage, the trash and the health, safety and law enforcement for a development of that magnitude. He noted that if the county does approve this special use permit, he would sue the county on that basis.

He suggested the Commissioners consider appointing a group to work with Mr. Lui and the Planning and Zoning Commission to help them find a place where their investment can be transferred to establish a campground where there is an existing infrastructure that would allow them to proceed and carry forward with their investment.

No other comments were taken.

PROBATION UPDATE
Ron Harper, Juvenile Probation Officer presented his department's report for Fiscal Year 2004. He said there has been a total of 60 Juveniles on probation and 145 Adults on supervised probation throughout the year. There are currently 28 juveniles and 91 adults on probation, noting the total consists of 11 juvenile females and 30 adult females.

Compared to the report done by Dewayne Proctor in 1990, the amount of probationers has increased by about 50. The drug offenses in the county are very significant and many of the other crimes being committed are the result of the drug abuse. There are roughly 45-50 DUI's being issued each year in the county.

Mr. Harper also informed the Commissioners that he has attended Post Academy Training in May and June which is a mandatory requirement for Probation Officers.

SICK LEAVE REQUEST
Greg Skinner, Road Supervisor requested additional sick leave as provided for in the county employee personnel manual, stating he is out of sick leave. He is having a hard time attending to his obligations, as he is not fully recovered from his recent back surgery. Standing or sitting for long periods of time is hard for him.

Commissioner Michaelson made a motion, seconded by Commissioner Cochran to grant Mr. Skinner 15 days of additional sick leave as provided for in the employee personnel manual. Motion was unanimous.

ROAD & BRIDGE REPORT
Supervisor Skinner gave a brief synopsis of the current monthly road report. He noted that they have been trying to finish up graveling roads for the year and plan to blade the roads as time permits.

He said he had been contacted by Rod Jacobson asking if the county would haul some topsoil (fill dirt) from the new JJ Sports building near the county shop to Allinger Park. Commissioners agreed that would be fine.

Vaughn Rasmussen, Commissioner Elect asked Supervisor Skinner if he had a 5 year plan or if he just drives around to see which road is the worst. He indicated his desire to set down with Skinner in a couple of months and develop one.

A letter received from Cascade Earth Sciences was discussed regarding the landfill, complaining the access needed to be weed free and the drains need to be kept open.

Meeting recessed for lunch reconvening at 1:30 P.M.

CANVASS OF VOTES
Pursuant to Idaho Code 34-1205 the Commissioners began meeting as a Board of Canvassers to canvass the November 2nd, 2004 General Election returns for the 14 precincts in Bear Lake County as presented by Clerk Eborn.

After reviewing the results, Commissioner Michaelson made a motion, seconded by Commissioner Cochran to accept the totals as presented. Motion unanimously carried.

County Candidates were elected as follows:

Dwight L. Cochran - County Commissioner District II - Four Year Term
Vaughn Rasmussen - County Commissioner District III - Two Year Term
Brent Bunn - County Sheriff - Four Year Term
Ardee Helm, Prosecuting Attorney - Four Year Term

The hospital bond failed. The bond received 58.55% yes votes and they needed to have 66.23%.

The abstract as approved and signed for all candidates of the General Election held on November 2nd, 2004 will be forwarded to the Secretary of States Office.

Complete results and other information as to the General Election is available for inspection in the County Clerk's Office.

The Board of Canvassers Meeting adjourned.

The Commissioners reconvened the regular meeting to continue county business as follows:

BUILDING ADMINISTRATOR/VETERANS SERVICE OFFICER
The appointment of a building administrator and a veteran's service officer was taken under advisement and will be made at a later time.

CLAIMS ALLOWED PAID
The Commissioners reviewed and unanimously approved claims as submitted, authorizing Clerk Eborn to make payment as follows:

Clerk Eborn reported the County had spent $537,927 for the month of September 2004.

Meeting adjourned subject to recall by the Chairman or his order.

BEAR LAKE COUNTY

DON C. CLARK
Chairman of the Board

/s/ Joan P. Eborn

JOAN P. EBORN
Clerk of the Board
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11/8/04 Commissioners Meeting Notice:

9:15 A.M. ELECTED OFFICIALS MEETING

9:30 A.M. STEVE PEW – Southeastern District Health Annual Report

9:45 A.M.

10:00 A.M.

10:15 A.M. BID OPENING FOR CHUTES

10:30 A.M. SHERIFF’S VEHICLE BID OPENING

10:45 A.M. BID OPENING FOR PORTABLE SCREEN PLANT

11:00 A.M. MITCH POULSEN – David Louie Campground Special Use Permit (Geneva Area) Pat George against campground

11:15 A.M. RON HARPER – Update Probation

11:30 A.M. PUBLIC HEARING – BLOCK GRANT – NURSING HOME

11:45 A.M. GREG SKINNER – Additional Paid Sick Leave Request

LUNCH

1:30 P.M. CANVASS OF VOTES

1:45 P.M. “ “

2:00 P.M. Review Applications

2:30 P.M. Indigent Applications

OLD BUSINESS

Approve Minutes of Previous Meetings

Road & Bridge/Solid Waste/Garbage Issues

NEW BUSINESS

Review and Approve Claims Submitted

Fair Board Appointments

Power at Airport
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